JURI 565 Quiz 3

JURI 565 Quiz 3 Liberty University

1. Which of the following would be a classic example of when the doctrine of RES ISPA LOQUITUR would be used in the context of medical malpractice?
2. Even in the absence of a true agency relationship, if a person represents himself as a agent, because he appears to a third person to be an agent and a reasonable person would have believed that the person was an agent, then the person can be stopped from denying his agency. This is the principle of:
3. In the case of Johnson v. Misericordia Community Hospital on page 478 of your book which of the following was the hospital found liable of doing?
4. In the case of Boyd v. Albert Einstein Medical Center on page 487 of your book which of the following is NOT a reason the court gave for allowing the case to go forward against the HMO?
5. IN the case of Aetna v. Davilla on page 504 of your book which is the following is consistent with the Courts opinion?
6. The Helling v. Carey case on page 347 in your book is thought of as anomaly in the application of the medical standard of care. What did the Court do that makes this case different?
7. What are “practice guidelines” and are they typically admissible in court as independent proof of the standard of care?
8. With reference to the case of Franklin v. Gupta on page 392 of your book and Diggs v. Novant Health on page 469 of your book. Explain the concept of “Captain of the use to determine if vicarious liability exists?
9. With reference to the case of Hershkovits v. Group Health Cooperative of Puget Sound on page 414 of your book explain the concept of “The Loss of Chance Doctrine.” In Hershkovits did the “loss of chance” have to be greater than 50%?
10. With reference to the case of Rathje v. Mercy Hospital on page 423 of your book explain the “discovery rule.” When did the Rathje Court decide that the “discovery” begins? Do you agree with this result or think “discovery” should begin at another point that the Court may have also discussed?